DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is a Non-Final rejection on the merits of this application. Claims 1-20 are currently pending, as discussed below.
Examiner Notes that the fundamentals of the rejections are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 11/27/2024 and 07/17/2025 are being considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-5, 7, 12-15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sobhany (US 2020/0239002 A1).
Regarding claim 1(similarly claim 20), Sobhany teaches A method (see at least Abstract) comprising:
storing, in a memory, a signal catalog defining a face identifier vehicle signal relating to an identifier based on a recognition of a face of a vehicle occupant in a vehicle; (see at least Fig. 3, 5, 9 [0047-0067, 0133-0144]: the vehicle experience system can read data from or write data to other data sources such removable or fixed or remote storage device. The vehicle experience system can include a user profile module that manages profile data of a user of the vehicle and can encrypt the profile data for storage wherein the user profile can be based on both user characteristics information and profile types and unique user profile is generated specific to each user.)
receiving the face identifier vehicle signal defined by the signal catalog; (see at least Fig. 8 [0098-0119, 0138-0144] Facial recognition (using a camera) can be used to identify a driver in a driver region of the vehicle. User characteristics information and user-specific model associated with the identified user can be retrieved from memory/storage. Generating user-specific output actions in the vehicle. ) and
updating, by a processing resource, a preference setting of actuatable components of the vehicle based on the face identifier vehicle signal. (see at least Fig. 8 [0098-0119]: The output actions can include actions performed by components of the vehicle either interior of the vehicle or exterior of the vehicle. For instance, an output action can include playing a specific form of media (e.g., audio/video) in the vehicle, adjusting the temperature in the vehicle, modifying light settings in the vehicle, changing computer-generated directions to a destination, etc. The user-specific output actions can be based on any of the user profile for the user and the detected emotional state of the user.)
Regarding claim 17, Sobhany teaches A vehicle (see at least Fig. 2 Abstract) comprising:
a memory to store a signal catalog defining a vehicle signal representing a characteristic of a vehicle occupant in the vehicle; (see at least Fig. 3, 5, 9 [0047-0067, 0133-0144]: the vehicle experience system can read data from or write data to other data sources such removable or fixed or remote storage device. The vehicle experience system can include a user profile module that manages profile data of a user of the vehicle and can encrypt the profile data for storage wherein the user profile can be based on both user characteristics information and profile types and unique user profile is generated specific to each user.)
a plurality of sensors; (see at least Fig. 5 [0042]: the vehicle can include a plurality of sensors configured to generate data related to parameters inside and outside the vehicle.).
a processing resource; and a non-transitory storage medium storing instructions executable by the processing resource (see at least Fig. 3& 5 [0053]: the vehicle experience system includes one or more processors such as a CPU, GPU or NPU that executes instructions stored in a non-transitory computer readable storage medium, such as memory.) to:
receive the vehicle signal defined by the signal catalog, the vehicle signal being based on measurement data from one or more sensors of the plurality of sensors, (see at least Fig. 8 [0098-0119, 0138-0144] Facial recognition (using a camera) can be used to identify a driver in a driver region of the vehicle. User characteristics information and user-specific model associated with the identified user can be retrieved from memory/storage. Generating user-specific output actions in the vehicle. ) and
update, by the vehicle, a preference setting of actuatable components of the vehicle based on the vehicle signal representing the characteristic of the vehicle occupant. (see at least Fig. 8, 11 [0098-0119]: The output actions can include actions performed by components of the vehicle either interior of the vehicle or exterior of the vehicle. For instance, an output action can include playing a specific form of media (e.g., audio/video) in the vehicle, adjusting the temperature in the vehicle, modifying light settings in the vehicle, changing computer-generated directions to a destination, etc. The user-specific output actions can be based on any of the user profile for the user and the detected emotional state of the user.)
Regarding claim 2, Sobhany teaches The method of claim 1,
Sobhany further teaches wherein the signal catalog further defines a mood vehicle signal relating to a mood of the vehicle occupant, wherein the preference setting of the actuatable components is updated further based on the mood vehicle signal. (see at least Fig. 6B-9 [0148-0159]: user-specific emotional information can be included in the user profile that can be used in accurately detecting an emotional state of the user based on characteristics that are unique to the user. Emotional state information relating to the user can be stored and added to a user profile associated with the user.)
Regarding claim 4, Sobhany teaches The method of claim 1, Lin further teaches wherein the vehicle occupant that is subject of the face identifier vehicle signal is a driver of the vehicle, (see at least [0027, 0033]: A vehicle experience system uses these sensor inputs to create a personalized, contextually-aware and real-time adaptive experience for drivers and/or passengers of vehicles. Upon detecting a user in the vehicle (e.g. facial recognition), a unique user profile associated with the user can be retrieved.) and
the signal catalog further defines one or more of: a vehicle signal relating to an age of a passenger in the vehicle, a vehicle signal relating to a mood of the passenger, or a vehicle signal relating to a reminder that an article was left behind in the vehicle by the passenger. (see at least Fig. 3, 8 [0047-0062, 0098-0103]: the user profile module maintains a profile for any regular driver of a car and may additionally maintain a profile for a passenger in the car.)
Regarding claim 5, Sobhany teaches The method of claim 1,
Sobhany further teaches wherein the signal catalog further defines a pedestrian vehicle signal that relates to a presence of a pedestrian proximate the vehicle. (see at least [0031, 0212]: To control the driving functions, the vehicle 110 can receive real-time feedback from external sensors associated with the vehicle 110 , such as sensors capturing image data of an environment around the vehicle 110 , or sources outside the vehicle 110 , such as another vehicle or the remote server 120 .The vehicle 110 can process the sensor data to, for example, identify positions and/or speeds of other vehicles proximate to the vehicle 110 , track lane markers, identify non-vehicular entities on the road such as pedestrians or road obstructions, or interpret street signs or lights.)
Regarding claim 7, Sobhany teaches The method of claim 1,
Sobhany further teaches wherein the signal catalog further defines a vehicle signal relating to a massage features of a seat of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the massage feature. (see at least Fig. 9 [0153]: seat massaging 910h; any of a number of output actions can be performed based on the user profile and a detected emotional state of the user. Example components that can be modified by an output action can include interior lighting, audio, video, display settings, seat settings (e.g., heated seats, seat massaging), seat positioning, etc.)
Regarding claim 12, Sobhany teaches The method of claim 1,
Sobhany further teaches wherein the signal catalog further defines a vehicle signal relating to a media application program and a vehicle signal relating to a media playlist, and wherein the updating the preference setting comprises updating a preference setting relating to the media application program and the media playlist.(see at least Fig. 13 [0102, 0126, 0190-0198]: The user characteristics information can include media settings, such as video/audio playback settings, and an output action can include playing a specific form of media (e.g. audio/video) in the vehicle.)
Regarding claim 13 (similarly claim 19), Sobhany teaches The method of claim 1 (similarly claim 17),
Sobhany further teaches wherein the signal catalog further defines an air quality vehicle signal relating to an air quality associated with the vehicle, and the method comprises: activating a heat ventilation and cooling (HVAC) system or an air filtering system based on the air quality vehicle signal. (see at least [0046, 0163]: The comfort system can include one or more components with adjustable parameters that facilitate comfort of passengers in the vehicle such as air temperature control components (e.g. air conditioning or heating system), air quality control components (e.g. humidity or air purification system). Applying the passenger state and vehicle context information to a comfort personalization model configured to select at least one comfort parameter for the passenger. The at least one comfort parameter can include an output action that modifies a comfort-related component in the vehicle, such as a fan or air conditioner, for example.)
Regarding claim 14, Sobhany teaches The method of claim 13,
Sobhany further teaches wherein the air quality vehicle signal relates to the air quality inside the vehicle or the air quality outside the vehicle. (see at least [0046, 0163]: the output action can include playing back music with a corresponding dynamic light show in the vehicle or rerouting the destination to a route with lower air quality levels)
Regarding claim 15, Sobhany teaches The method of claim 1,
Sobhany further teaches wherein the signal catalog further defines a vehicle signal relating to an HVAC system of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the HVAC system of the vehicle. (see at least [0106, 0176-0177, 0214-0217]: each user in a vehicle generally has a unique set of desired settings for an internal environment of the vehicle. For example, a first user may have a desired internal climate temperature of a first temperature, while a second user has a different desired internal climate temperature that includes a much cooler temperature.)
Regarding claim 18, Sobhany teaches The vehicle of claim 17,
Sobhany further teaches wherein the signal catalog further defines one or more vehicle signals selected from among: a vehicle central lock system of the vehicle, a vehicle signal relating to a massage features of a seat of the vehicle, (see at least Fig. 9 [0153]: seat massaging 910h; any of a number of output actions can be performed based on the user profile and a detected emotional state of the user. Example components that can be modified by an output action can include interior lighting, audio, video, display settings, seat settings (e.g., heated seats, seat massaging), seat positioning, etc.) a vehicle signal relating to a backlight intensity of a human machine interface (HMI) of the vehicle, a vehicle signal relating to an auto flip feature of a rearview mirror of the vehicle, a vehicle signal relating to a translucency of a sunroof of the vehicle, a vehicle signal relating to a color of an ambient light in a cabin of the vehicle, a vehicle signal relating a media application program, a vehicle signal relating to a media playlist, and a vehicle signal relating to a fragrance system of the vehicle.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sobhany in view of Ki et al. (US 2022/0121774 A1 hereinafter Ki).
Regarding claim 3, Sobhany teaches The method of claim 1,
It may be alleged that Sobhany does not explicitly teach wherein the signal catalog further defines a face identifier deletion vehicle signal relating to a further identifier based on a face recognition of a further vehicle occupant that is to be deleted from the vehicle, the method comprising:
deleting, from the memory, the further identifier based on the face identifier deletion vehicle signal.
Ki is directed to vehicle passenger detection system and metho, Ki teaches wherein the signal catalog further defines a face identifier deletion vehicle signal relating to a further identifier based on a face recognition of a further vehicle occupant that is to be deleted from the vehicle, the method comprising: deleting, from the memory, the further identifier based on the face identifier deletion vehicle signal. (see at least Fig. 2-5 [0005-00060056-0070]: sensors such as camera may be configured to recognize the passenger (via face recognition) by detecting who board/exit the vehicle. The electronic device may recognize exiting of a passenger and automatically delete data related to personal information related to the passenger, stored in a data storage unit.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Sobhany’s vehicle system that automatically modifies features of a vehicle based on detected characteristics of the environment surrounding the vehicle to incorporate the technique of deleting passenger information from the memory based on the face recognition of a passenger who exit the vehicle as taught by Ki with reasonable expectation of success and doing so would protect usage’s privacy and reduce unnecessary power consumption (Ki [0006]).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sobhany in view of Nagata et al. (US 10850709 B1 hereinafter Nagata).
Regarding claim 6, Sobhany teaches The method of claim 1,
It may be alleged that Sobhany does not explicitly teach wherein the signal catalog further defines a vehicle signal relating to a central lock system of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the central lock system.
Nagata is directed to system and method for enhanced vehicle access, Nagata teaches wherein the signal catalog further defines a vehicle signal relating to a central lock system of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the central lock system. (see at least Col. 4 Lines 6-67: User habits can be collected and remembered over time so that the vehicle can learn and respond to operator and passenger preferences automatically. These preferences can be stored on the vehicle or at a storage location external to the vehicle. The vehicle can evaluate the authenticated individuals and unlock/open doors automatically as a recognized user approaches the vehicle.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Sobhany’s vehicle system that automatically modifies features of a vehicle based on detected characteristics of the environment surrounding the vehicle to incorporate the technique of automatically unlocking vehicle door system based on learned user preferences upon detection of authenticated user as taught by Nagata with reasonable expectation of success to improve vehicle functionality and design to provide a more satisfying or enjoyable user experience to make access to the vehicle less of a hassle for the user (Nagata Col. 1 Lines 29-38)
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sobhany in view of Vu et al. (US 2014/0096003 A1 hereinafter Vu).
Regarding claim 8, Sobhany teaches The method of claim 1,
Examiner notes that Sobhany further teaches that ([0213]) central display or infotainment system can be modified in the output action that includes display settings (e.g. brightness setting of a display device displaying video)
It may be alleged that Sobhany does not explicitly teach wherein the signal catalog further defines a vehicle signal relating to a backlight intensity of a human machine interface (HMI) of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the backlight intensity of the HMI.
Vu is directed to vehicle audio system interfaces’ control system, Vu teaches wherein the signal catalog further defines a vehicle signal relating to a backlight intensity of a human machine interface (HMI) of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the backlight intensity of the HMI. (see at least [0022-0025]: when a particular user personalizes his/her own interface preferences (e.g. light intensity or brightness of the touch screens), the setting are saved in the memory and selection of pre-recorded set of interface preferences may be automatic by utilizing means that identifies a particular user such as image recognition systems).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Sobhany’s vehicle system that automatically modifies features of a vehicle based on detected characteristics of the environment surrounding the vehicle to incorporate the technique of personalizing user interface settings to be recalled automatically upon identification of a user as taught by Vu with reasonable expectation of success to improve user experience making a vehicle ride more enjoyable.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sobhany in view of Brown et al. (US 2020/0247337 A1 hereinafter Brown).
Regarding claim 9, Sobhany teaches The method of claim 1,
It may be alleged that Sobhany does not explicitly teach wherein the signal catalog further defines a vehicle signal relating to an auto flip feature of a rearview mirror of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the auto flip feature of the rearview mirror.
Brown is directed to system and method for automatically learning and recalling driver preferences, Brown teaches wherein the signal catalog further defines a vehicle signal relating to an auto flip feature of a rearview mirror of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the auto flip feature of the rearview mirror. (see at least [0002, 0012-0016]: Vehicles include features for saving and loading user preferences of vehicle settings, such as seat positions, side mirror angles, steering wheel tilt, HUD position, AC speeds, etc. The user preferences are associated with a user profile such that the vehicle settings are automatically adjusted based on the user preferences when the user profiles are loaded.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Sobhany’s vehicle system that automatically modifies features of a vehicle based on detected characteristics of the environment surrounding the vehicle to incorporate the technique of automatically learn and load driver’s preference including automatically adjusting side mirror angles based on the user preferences as taught by Brown with reasonable expectation of success to provide quicker start-up and reduce driving errors in the case that drivers forget or misadjust mirrors especially after someone else has used the vehicle.
Claim(s) 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sobhany in view of Wellborn et al. (US 2019/0126934 A1 hereinafter Wellborn).
Regarding claim 10, Sobhany teaches The method of claim 1,
It may be alleged that Sobhany does not explicitly teach wherein the signal catalog further defines a vehicle signal relating to a translucency of a sunroof of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the translucency of the sunroof.
Wellborn is directed to system and setting for controlling comfort setting within a vehicle, Wellborn teaches wherein the signal catalog further defines a vehicle signal relating to a translucency of a sunroof of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the translucency of the sunroof. (see at least Fig. 4A [0064-0073]: the one or more vehicle controllers will automatically adjust systems within the vehicle according to the settings specified by the user’s comfort setting profiles. The comfort setting can include an open/closed status of the windows or a sunroof, the tinting of the windows or sunroof in vehicles that have self-tinting windows, etc.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Sobhany’s vehicle system that automatically modifies features of a vehicle based on detected characteristics of the environment surrounding the vehicle to incorporate the technique of automatically adjusting a vehicle’s sunroof tinting based on a user specific comfort setting profile as taught by Wellborn with reasonable expectation of success to provide a vehicle system that can control one or more comfort settings within a cabin of a vehicle and doing so would improve user’s riding experience and comfort level (Wellborn [0005]).
Regarding claim 11, Sobhany teaches The method of claim 1,
It may be alleged that Sobhany does not explicitly teach wherein the signal catalog further defines a vehicle signal relating to a color of an ambient light in a cabin of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the color of the ambient light.
Wellborn is directed to system and setting for controlling comfort setting within a vehicle, Wellborn teaches wherein the signal catalog further defines a vehicle signal relating to a color of an ambient light in a cabin of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to the color of the ambient light. (see at least Fig. 4A [0014, 0047, 0064-0073]: the one or more vehicle controllers will automatically adjust systems within the vehicle according to the settings specified by the user’s comfort setting profiles. The comfort setting can include a lighting-level setting within at least a portion of the vehicle
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Sobhany’s vehicle system that automatically modifies features of a vehicle based on detected characteristics of the environment surrounding the vehicle to incorporate the technique of automatically adjusting a vehicle’s ambient lighting color/level based on a user specific comfort setting profile as taught by Wellborn with reasonable expectation of success to provide a vehicle system that can control one or more comfort settings within a cabin of a vehicle and doing so would improve user’s riding experience and comfort level (Wellborn [0005]).
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Sobhany in view of Lin et al. (US 2018/0225551 A1 hereinafter Lin).
Regarding claim 16, Sobhany teaches The method of claim 1,
It may be alleged that Sobhany does not explicitly teach wherein the signal catalog further defines a vehicle signal relating to a fragrance system of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to a fragrance provided in the vehicle by the fragrance system.
Lin is directed to system and method for altering the mood of a vehicle occupant, Lin teaches wherein the signal catalog further defines a vehicle signal relating to a fragrance system of the vehicle, and wherein the updating of the preference setting comprises updating a preference setting relating to a fragrance provided in the vehicle by the fragrance system. (see at least Fig. 2-3 [0015, 0023-0041]: machine learning is used to determine scents that can change a particular unsafe mood into a safer one and recognized moods after scents are dispersed can be used to refine the expected impacts of scent. The system uses facial recognition to identify an occupant and loads a personalized occupant profile for the recognized occupant from data store wherein an occupant profile may include mood classification information and mood actuation information that indicates how particular scents or combination of scents can change an occupant’s mood and dispersing the selected sent based on the information.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Sobhany’s vehicle system that automatically modifies features of a vehicle based on detected characteristics of the environment surrounding the vehicle to incorporate the technique of incorporating a user’s mood information and how dispersing a specific scent could improve a particular user’s mood as taught by Lin with reasonable expectation of success and doing so would reduce unsafe emotional states in vehicle operators through the user of scent to alter an unsafe driving state to a safer one (Lin [0001]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANA F ARTIMEZ whose telephone number is (571)272-3410. The examiner can normally be reached M-F: 9:00 am-3:30 pm EST.
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/DANA F ARTIMEZ/Examiner, Art Unit 3667
/FARIS S ALMATRAHI/Supervisory Patent Examiner, Art Unit 3667